[Cites 5, Cited by 0]
Gujarat High Court
Raish Rafiqbhai Jantraliya vs State Of Gujarat on 1 December, 2025
NEUTRAL CITATION
R/CR.MA/25124/2025 ORDER DATED: 01/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
25124 of 2025
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RAISH RAFIQBHAI JANTRALIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MS KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 01/12/2025
ORAL ORDER
1. Learned advocate Mr. Atif Patel appears and submits that he
has instructions to appear on behalf of the respondent no.2 -
complainant. He is permitted to file his appearance. Registry shall
accept his vakalatnama.
2. By way of preferring the present application under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-
accused seeks to invoke the inherent powers of this Court, praying
to quash and set-aside the order dated 06.04.2024 passed by the
learned Additional Chief Judicial Magistrate, Halol, in Criminal Case
No.2495 of 2022, as well as the order dated 06.01.2025 passed by
the learned 2nd Additional Sessions Judge, Panchmahals at Halol, in
Criminal Appeal No.34 of 2024 for the offence punishable under
Section 147 of the Negotiable Instruments Act as well as all other
consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the complainant, who is
personally present before this Court, has produced his identity proof
NEUTRAL CITATION
R/CR.MA/25124/2025 ORDER DATED: 01/12/2025
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as well as the affidavit, which are ordered to be taken on record. In
the said affidavit, the complainant has categorically stated that he
has received his dues and the dispute has been amicably resolved.
The complainant has further stated that he has no grievance or ill-
will against the applicant.
4. Considering the issue involved in the present application as
well as considering the fact that the dispute has been amicably
resolved between the parties, with the consent of learned
advocates appearing for the respective parties, the present
application is taken up for final disposal.
5. RULE returnable forthwith. Learned APP Ms. Krina Calla
waives service of notice of rule for and on behalf of the respondent
no.1 - State and learned advocate Mr. Atif Patel waives service of
notice of rule for and on behalf of the respondent no.2 -
complainant.
6. The complainant, who is present in the Court, has
categorically stated before this Court that the dispute has been
resolved and he has no objection if the application is allowed and
the impugned order is quashed and set-aside.
7. The relevant paragraph of the affidavit reads thus :
" 2. I say that I have gone through the memo of petition
and the facts and grounds stated in the memo of petition
are not disputed by me. At the outset I say and submit that
the disputes and grievances of both the sides have been
amicably settled, and I havet received full amount and now
I have no grievance grievance against the petitioner.
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R/CR.MA/25124/2025 ORDER DATED: 01/12/2025
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3. In the facts and circumstances as narrated above, I at
my free will, wish and desire am stating on oath that I do
not wish to prosecute further against the petitioner and as
the dispute between us has been amicably settled. I state
that the Judgment and order dated. 06.04.2024 passed in
Criminal Case no. 2495 of 2022 passed by the Ld.
Additional Chief Judicial Magistrate at Halol as well as
Judgment and order dated 06.01.2025 passed in Criminal
Appeal no. 34 of 2024 passed by the Ld. 2nd Additional
Session Judge Panchmahal at Halol may kindly be
quashed.".
8. Thus, it appears from the aforesaid that to continue further
with the proceedings pursuant to the impugned order would be
a futile exercise and the same would amount to abuse of
process of law.
9. Having heard learned advocates appearing for the respective
parties as well as considering the facts and circumstances arising
out of the present application and taking into consideration the
decisions rendered in the cases of Gian Singh vs. State of
Punjab & Another, reported in (2012) 10 SCC 303, Madan Mohan
Abbot vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil
Merchant vs. Central Bureau of Investigation & Another,
reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others,
reported in (2009) 1 GLH 190, and Narinder Singh & Others vs.
State of Punjab & Another, reported in (2014) 2 Crime 67 (SC) as
well as State of Haryana vs. Bhajanlal, reported in AIR 1992 SC
604, it appears that continuing further with the proceedings
pursuant to the impugned order would be a futile exercise and the
same would amount to abuse of process of law. Hence, to secure
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R/CR.MA/25124/2025 ORDER DATED: 01/12/2025
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the ends of justice, the impugned order and all other consequential
proceedings arising pursuant thereto are required to be quashed
and set-aside in exercise of the powers conferred 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
10. In the result, the application is allowed. The order dated
06.04.2024 passed by the learned Additional Chief Judicial
Magistrate, Halol, in Criminal Case No.2495 of 2022, as well as the
order dated 06.01.2025 passed by the learned 2 nd Additional
Sessions Judge, Panchmahals at Halol, in Criminal Appeal No.34 of
2024 for the offence punishable under Section 147 of the Negotiable
Instruments Act, as well as all other consequential proceedings
arising pursuant thereto are hereby ordered to be quashed and set-
aside qua the applicant.
11. In view of the ratio laid down by the Supreme Court in the
case of Sanjabij Tari Vs. Kishore S. Borcar [2025 INSC 1158],
the applicant is directed to deposit 7.5 % of the cheque amount, by
way of costs, with the District Legal Service Authority, Ahmedabad,
within 10 days from the date of this order.
12. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DEEPAK GEHLOT
